Taggart v. State of Oklahoma, et al.

A former state inmate filed a 42 U.S.C.S. sec. 1983 action against a warden and others, alleging that they were deliberately indifferent to his medical needs as a recovering cancer patient and violated his due process and Eighth Amendment, and state law rights by exposing him to unreasonably high levels of secondhand smoke.  A magistrate judge concluded that each of Taggart’s claims were either moot in light of his subsequent discharge from prison, barred by the Eleventh Amendment (which barred his claims against the warden) or unexhausted.  The U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of Taggart’s complaint.  On May 17, 2004, the U.S. Supreme Court denied certiorari at 2004 U.S. LEXIS 3470.

4 Fed. Appx. 880, 2003 U.S. App. LEXIS 18354 (U.S.C.A. 10th Cir. 2003).